Current through Rules and Regulations filed through March 20, 2024
(1)
General Leave Provisions.
For the purposes of this Rule, the following terms and definitions apply in
addition to those in
478-1-.02 (Terms and Definitions):
(a) "Ordered military duty" includes any
military duty performed in the service of the State or of the United States
pursuant to orders issued by a State or federal authority, including but not
limited to attendance at any service school or schools conducted by the Armed
Forces of the United States as a voluntary member of the National Guard,
Georgia State Defense Force, or any reserve force or reserve component of the
Armed Forces of the United States.
1. An
employee who performs ordered military duty is eligible for military leave,
whether paid or unpaid.
2. In
general, an employee may be absent for ordered military duty for a cumulative
period of up to five years and retains reemployment rights with his/her agency.
The five year period includes only the time the employee spends actually
performing ordered military duty. A period of absence from employment before or
after performing ordered military duty does not count against the five year
limit.
3.An employee is eligible to
receive leave to attend training for a period(s) of up to a total of six months
during any four-year period.
4.Time
served while on military leave will not be considered a break in service and
will be credited for purposes of seniority, length of employment service,
annual leave or holiday privileges, or for any other right or privilege of
employment, reemployment, reinstatement, transfer or promotion.
(2)
Absence for Examination Purposes. An employee who is absent from
work because he/she is ordered to report for a pre-induction or other
examination to determine physical or other fitness for service in the Armed
Forces of the United States will be granted a leave of absence without pay as
required by law. In order to receive pay, an employee may request that the
absence be charged against accrued annual leave or personal leave.
(3)
Timely Notice of Leave. An
employee should verbally notify his/her supervisor immediately when notified of
a requirement to report for military duty. The employee also is expected to
provide his/her supervisor with as much notice as possible of his/her
anticipated date of release from duty and return to work. This notice
requirement will be excused only if precluded by military necessity or if
giving the notice is otherwise impossible or unreasonable.
(4)
Pay and Benefits. An
employee who performs ordered military duty is entitled to his/her base pay and
other compensation for up to a total of 144 hours of military leave in any one
federal fiscal year while he/she is on military leave.
(a) In the event the Governor declares an
emergency and orders an employee to military duty as a member of the National
Guard, while performing such duty, the employee will be paid his/her base pay
and other compensation for an additional 96 hours of military leave in any one
federal fiscal year while he/she is on military leave.
(b) The employee may be required to provide a
copy of his/her military orders or annual training schedule in order to be paid
any military leave.
(c) If the
period of ordered military duty extends beyond the period covered by paid
military leave as described in this section, the employee will be granted an
authorized leave of absence without pay as required by law. Agencies may allow
employees to use accrued annual leave, personal leave, holiday time, and/or
compensatory time for absences due to military duty after paid military leave
has been exhausted.
(d) An employee
who is scheduled to work for less than 40 hours per week is eligible for
prorated paid military leave based on his/her regular work schedule.
(e) An employee reinstated following ordered
military duty will be entitled to seniority, status, pay and all other benefits
as if the employee had not been absent, in compliance with applicable federal
law.
(5)
Health
Care Continuation Coverage. While on paid or unpaid military leave, an
employee may continue to receive the same health care benefits as when he/she
was an active employee for up to 24 months. If the military leave is unpaid,
the employee will be responsible for directly paying the premium plus an
administrative fee assessed by the State Health Benefit Plan.
(6)
Rights and Contributions under
Retirement System.An employee on military leave, whether pa id or
unpaid, may continue to contribute to the State's pens ion or retirement system
as if they had been present and continuously engaged in the performance of
their duties. The amount of required contributions will be deducted from the
salary or other compensation paid while an employee is on military leave. If
the required contributions exceed the amount of such compensation, the
available amount will be applied towards the required contributions and the
employee can pay the difference.
(7)
Reemployment Rights. An
agency will reemploy an employee after a period of military service, provided
the employee complies with applicable federal law, including the advance notice
requirement and a timely notification of intent to return to employment, and
other qualifying conditions.
(a) Request for
Reemployment. Upon completing a period of ordered military service, an employee
must notify the agency of the intent to return to the employment position by
either reporting to work or submitting a timely application for reemployment
according to the following schedule:
1. One
(1) regularly scheduled work day from discharge for employees who served for
less than 31 days;
2. Fourteen (14)
calendar days of discharge by employees who served more than 30 days but less
than 181 days; or
3. Ninety (90)
calendar days of discharge by employees whose military duty lasted more than
180 days or longer.
(b)
Whether the employee is required to report to work or submit a timely
application for reemployment depends upon the length of service. Extenuating
circumstances may permit an employee a longer period to make a request for
reemployment.
(c) Qualifying
Conditions. For an employee to be reinstated to their former position, they
must be able to perform the essential functions of the position with or without
reasonable accommodation. If the employee is no longer able to perform the
essential functions because of disability sustained during this service, the
employee will be considered for another position in the agency for which they
are qualified unless the agency's circumstances have changed as to make it
impossible or unreasonable to do so.
1.
Additionally, the employee must have received an honorable or general
discharge. The employee must provide the State with a certification of
completion of military service duly executed by an officer of the applicable
force of the Armed Forces of the United States or by an officer of the
applicable force of the organized militia.
(d) Reemployment Position. A qualified
employee who has been on military leave for 90 days or less will be re instated
to the position left, with the employee's seniority, status, and pay adjusted
for any promotions, pay increases, or other benefits he/she would have earned
had they not been on military leave.
1. A
qualified employee who served for 91 days or more may or may not be reinstated
to the exact same position held prior to going on military leave. An employee
who is not reinstated to their former position will be reemployed in a position
with like seniority, status, and pay that takes into account any promotions,
pay increases or other benefits they would have been eligible for had they not
been on military leave.
(8)
Protection from Discharge.
An employee returning from military leave and who served for more than 30 days
but less than 181 days may not be discharged except for cause for 180 days
after his/her reemployment. An employee returning from military leave and who
served more than 180 days may not be discharged except for cause for a period
of one year after his/her reemployment.
(9)
Workforce Replacement.
Supervisors who must hire replacement workers for employees who are on military
leave should inform the replacements that they are filling in for employees who
are on military leave and may be reassigned or terminated when the employees
returns.
O.C.G.A. Secs.
45-20-2, 45-20-3, 45-20-3.1, 45-20-4.
